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GOVERNMENTAL FUNCTION; IMMUNITY <br /> The City's execution of and performance under this Agreement will not act as a <br /> waiver of any immunity of the City to suit or liability under applicable law. The <br /> parties acknowledge that the City, in executing and performing this Agreement, is <br /> a governmental entity acting in a governmental capacity. <br /> EXECUTED to be effective as of the Effective Date first stated above. <br /> CITY OF SAN MARCOS, 'TEXAS <br /> s Interim er Stephanie eye , City na g <br /> Notary Public, State of Texas <br /> STATE OF TEXAS § <br /> COUNTY OF HAYS § <br /> This instrument was acknowledged before me on the tday of <br /> h <br /> 2023, b S hanie Reyes, CityManager of the Cityof San Marcos, in such capacity, <br /> on p <br /> obehalff ' <br /> s id entity. <br /> [seal] <br /> ,, „••, is <br /> : = my�,t,��lot�ary!D#7WO <br /> Eow <br /> April28,2026 <br />